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UNION – A court case filed by a citizen’s group is questioning the Union City Commission’s right to rezone 35 acres of land for a new, and bigger, Kroger store on U.S. 42.

Union Concerned Citizens filed a complaint in Boone Circuit Court May 14 requesting an order to overturn the commission’s recent vote changing the zoning of a parcel of empty land to allow building a new Kroger.

City commissioners voted 3-1 on April 14 to change the zoning from neighborhood office and suburban residential zoning to a commercial zone. The Boone County Planning Commission recommended the denial of the zone change on Feb. 5.

Plans for the new Kroger at the southeast side of U.S. 42 at the intersection with Braxton Drive call for a 135,976-square-feet Kroger Marketplace, an 8,000-square-foot liquor store, a fuel center and 730 parking spaces.

The new store would be west of Kroger’s existing 66,000-square-foot store.

The complaint, filed by Todd McMurtry of Gerner & Kearns Attorneys At Law, alleges the city commission’s decision does not agree with the Union Town Plan or the county’s zoning regulations.

According to complaint number 57 in the court filing, “By arbitrarily approving the application, the Union City Commission exceeded their statutory authority.”

McMurtry said people who own property have a right and expectation as a matter of public policy zoning not be changed unless there are major changes. There have not been major changes, he said.

“That’s the whole point of zoning and too often I think city commissions ignore it,” McMurtry said.

Mayor Don Kirby said the city’s attorney is preparing a response to the lawsuit, and the lawsuit will be discussed at the June 2 commission meeting. Kirby said he had no further comment or information about the lawsuit at this time.

Union City Attorney Greg Voss said the June 2 meeting will be the first opportunity he has to talk to the city commission as he prepares the city’s defense.

“It’s too early to give any details about anything,” Voss said. “We will go into executive session and we’ll put together a plan of attack.”